NEUTRAL CASE CITATION NO. 6921
FILE NO. CR-16-181
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
JASON HEFFERNAN
R E A S O N S F O R J U D G M E N T
BEFORE THE HONOURABLE JUSTICE FUERST
on AUGUST 31, 2016 at BARRIE, Ontario
Appearances:
K. Hull Counsel for the Provincial Crown
S. Robichaud
J. Gold Counsel for Jason Heffernan
Warning
PUBLICATION BAN PURSUANT TO A S. 517(2) ORDER
MADE ON JULY 6, 2016 AND AUGUST 31, 2016
Ontario COURT OF JUSTICE
T A B L E O F C O N T E N T S
WITNESSES
IN-CH
CR-EX
RE-EX
No Witness Examinations
Transcript Ordered.......................
Transcript Completed.....................
Ordering Party Notified..................
WEDNESDAY, AUGUST 31, 2016
R E A S O N S F O R J U D G M E N T
FUERST, J.(Orally):
Jason Heffernan is charged with second degree murder.
It is alleged that while Mr. Heffernan was behind the wheel of his car on July 2, 2016, he and a pedestrian, the deceased Corby Stott, had a confrontation. Mr. Stott ended up on the hood of the car while Mr. Heffernan had it in motion. Mr. Stott fell off when Mr. Heffernan stopped the car, landing on the ground and suffering fatal injury. Eye witness accounts of the events differ, but at least one witness reported that Mr. Heffernan deliberately drove at Mr. Stott, causing him to come onto the hood of the car, then stopped the car causing Mr. Stott to fly off the hood.
Mr. Heffernan applies for release from custody on bail, pending his trial. There is no statutory prohibition against the granting of bail on a charge of murder.
The Supreme Court of Canada reiterated in R. v. St-Cloud, [2015] S.C.C. 27 that s. 11(e) of the Canadian Charter of Rights and Freedoms created both the right to reasonable bail in terms of any monetary component and conditions that might be imposed, and the right not to be denied bail without just cause.
Section 515(10) of the Criminal Code provides that pre-trial detention is justified on three grounds: the primary ground, to ensure attendance in court; the secondary ground, for the protection and safety of the public, including any substantial likelihood that the accused will commit further criminal offences or interfere with the administration of justice; and the tertiary ground, to maintain confidence in the administration of justice.
As the court noted in St-Cloud, at this stage of the proceedings the accused is presumed innocent regardless of the gravity of the offence, the strength of the prosecution's case, or the possibility of a lengthy term of imprisonment.
Because the charge is one of murder, the onus is on Mr. Heffernan to show cause why his detention is not justified on one or more grounds.
In determining whether he has met his onus on the primary, secondary and tertiary grounds for detention, the availability of family members and a family friend/employer to act as sureties, and the prospect that strict conditions of release could be imposed, are relevant.
Crown counsel concedes that Mr. Heffernan has met his onus on all three grounds, and that he should be released on bail. I agree.
The persons named as sureties will be somewhat more limited that was proposed, to ensure that there is close supervision of Mr. Heffernan. The conditions of release will be rigorous. All of this is necessary to ensure, in particular, that public confidence in the administration of justice is maintained.
I order that Mr. Heffernan be released upon entering into a recognizance in the total amount of $200,000 without deposit, and with his father David Heffernan named in the amount of $60,000, his mother Eileen Heffernan named in the amount of $60,000, Craig Hardy named in the amount of $60,000, Alan Heffernan named in the amount of $10,000 and Darren Heffernan named in the amount of $10,000.
Mr. Heffernan, you will be bound by the following conditions:
Reside at all times with your parents at 703 Griffith Street, London.
Be in your residence at all times except for:
i) attendance at work at a Covenant Construction job site;
ii) When in the direct company of one of the named sureties, which is restricted to the hours of 6:00 a.m. to 10:00 p.m. daily;
iii) When in the direct company of a counsellor, physician or dentist;
iv) For medical emergencies of yourself, your mother, your father or your brothers.
Do not purchase, possess or consume alcohol or any drug except a drug that is medically prescribed for you.
Do not have the care or control of any motor vehicle, or be in the driver's seat of any motor vehicle, or possess the keys to any motor vehicle.
Attend for such assessment and/or counselling as your mother or father directs.
Have no communication direct or indirect with Marie Stott, George Stott, Paul Stott, Amanda Stott, Casey MacKinley or anyone known to you to be a member of their immediate families.
Do not be in Simcoe County except to attend court or pre-arranged meetings with your lawyer.
Do not possess any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance.
Attend court as required.
Do you understand these conditions?
MR. HEFFERNAN: Yes Your Honour.
THE COURT: Do you understand that you are bound by them?
MR. HEFFERNAN: Yes Your Honour.
THE COURT: Any application to vary the release order must be heard by me or a judge designated by me. Is there anything that needs to be clarified Ms. Hull? Mr. Robichaud?
MS. HULL: Not from our point of view, thank you.
MR. ROBICHAUD: One point of clarification Your Honour.
THE COURT: Yes.
MR. ROBICHAUD: In the exception, while at work with Covenant, does it read while at work with Covenant and in the direct company?
THE COURT: No. Attendance at work at a Covenant Construction job site.
MR. ROBICHAUD: Okay.
THE COURT: That's the first exception. The second is...
MR. ROBICHAUD: I see.
THE COURT: ...when in the direct company of one of the named sureties restricted to the designated hours.
MR. ROBICHAUD: That answers my question. Thank you.
THE COURT: All right. So Madam Registrar, is the paperwork going to go down to....
CLERK REGISTRAR: I'll be typing it up Your Honour.
THE COURT: All right, so the paperwork will be issued out of this court room?
CLERK REGISTRAR: Yes.
THE COURT: All right, so the - the sureties then should be available, Mr. Robichaud, over the next little while because Madam Registrar will do the paperwork rather than going to another office.
MR. ROBICHAUD: Thank you.
THE COURT: And I'm sure she will do it as soon as she can. Now there should be a return date then on the recognizance. Is there a next court date?
MR. ROBICHAUD: There is, it's September the 6th, I believe Your Honour. Let me just double check. He is scheduled to return by video at 9:00 a.m. but obviously that would be in person now.
THE COURT: Agreed Ms. Hull?
MS. HULL: Yes.
THE COURT: All right. So Madam Registrar, I will be available to sign the order.
CLERK REGISTRAR: Thank you.
THE COURT: All right, thank you all. Thank you to the staff.
C O U R T A D J O U R N S